HomeMy WebLinkAbout2005 09 12 Public Hearing Item 406
CITY COMMISSION
ITEM 406
Consent
Information
Public Hearin
Re ular
x
September 12,2005
Meeting
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a Public Hearing for Second Reading/Adoption of Ordinance 2005-07, a Large Scale
Comprehensive Plan Amendment, referenced as LS-CP A-05-05 which changes the Future Land
Use Map designation from "Office" (Seminole County) and "Commercial" (Seminole County) to
"Town Center District" (Winter Springs) for five (5) parcels containing 10.65 acres, more or
less, located on the south side of SR 434, at the intersection of Tuskawilla Road.
PURPOSE:
To change the Future Land Use Map designation for five (5) parcels along SR 434 that were
annexed involuntarily into the City on October 24,2005.
APPLICABLE LAW AND PUBLIC POLICY
s. 163.3174, Florida Statutes. Local planning agency
s. 163.3184, Florida Statutes. Process for adoption of comprehensive plan or plan
amendment.
s. 163.3187, Florida Statutes. Amendment of adopted comprehensive plan.
ss. 166.04H3)(c)2.b., Florida Statutes. (required advertising)
Rule 9J-l1.011, Florida Administrative Code
Winter Sprin2s Charter Section 4.15 Ordinances in General
Winter Sprin2s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation
CHRONOLOGY:
Oct. 25, 2004- Property annexed into Winter Springs, Ordinance 2004-39
Mar. 23, 2005- Adjacent property owners within 150' notified by Certified Mail
@)
September 12,2005
Public Hearing Item 406
Sept. 1, 2005-
LP A heard the request and made recommendation of approval
Public Noticing in Orlando Sentinel of Transmittal Hearing
Transmittal Hearing / 1 st Reading of Ordinance 2005-07
ORC Report Received
LP A recommended lowering the FAR within the Town Center, in response to
the ORC Report
Commission recommended lowering the Town Center FAR, in response to the
ORC Report
Public Noticing in the Orlando Sentinel of the City Commission 2nd
Reading! Adoption of Ordinance 2005-07
ApI. 5, 2005-
Apr. 14,2005-
ApI. 25, 2005-
July 18, 2005-
Aug. 3, 2005-
Aug. 22, 2005-
CONSIDERATIONS:
Applicant - City of Winter Springs
Owner- Robbie R & Edward R Ondick
Location - On the south side of SR 434, at the intersection of Tuskawilla Road.
Site Information - The following two (2) parcels currently have a (Seminole County) "Office"
future land use (FAR 0.35) and are being considered for this future land use change to (City of
Winter Springs )"Town Center District" (FAR 2.0):
36-20-30-502-0000-0070 Seminole Co. "Office"
36-20-30-502-0000-0080 Seminole Co. "Office"
The following three (3) parcels currently have a (Seminole County) "Commercial" future land
use (FAR 0.35) and are being considered for this future land use change to (City of Winter
Springs) "Town Center District" (FAR 2.0):
26-20-30-5AR-OAOO-008F Sem. Co. "Commercial"
36-20-30-502-0000-009A Sem. Co. "Com mercial"
36-20-30-502 -0000-0090 Sem. Co. "Com mercial"
Total Acreage- 10.65 acres, more or less (This acreage is taken from the Metes and Bounds
description prepared for the Annexation and Annexation Study Report. Although this acreage
varies from the property appraiser's acreage, the property owner has indicated it to be correct.
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Appraiser Acreage:
Property Legal D Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
SR 434- No Physical Address
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32""789
36- 20-30-502 -0000-00 7 0
121,532 SF (Property Appraiser's acreage)
LEG LOT 7 JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
SR 434- No Physical Address
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36- 20-30-502 -0000-0080
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September 12,2005
Public Hearing Item 406
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
116,741 SF (Property Appraiser's acreage)
LEG LOT 8 (LESS RDS) JOE E JOHNS TONS SURVEY DB
147 PG 221
Vacant
"A-1 Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Acreage:
Property Legal Description:
PARCEL 'C'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
170 Tuskawilla Road
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO-TRS
c/o Handy Way
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502 -0000-0090
23,089 SF (Property Appraiser's acreage)
LEG PT OF LOT 9 DESC AS BEG 243.48 FT N 14 DEG 3
MIN53 SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC
W 106.51 FT N 38 DEG 45 MIN W 165 FT N 51 DEG 15
MIN E 153 FT S 38 DEG 45 MIN E 186 FT S 14 DEG 3 MIN
53 SEC W 150 FT TO BEG & W Yz OF VACD ST ADJ ON E
(LESS RD) JOE E JOHNSTONS SURVEY DB 147 PG 221
Pinch A Penny Pool Supplies- Commercial Use
"A-1 Agricultural I-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Appraiser Acreage:
Property Legal Description:
PARCEL 'D'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502-0000-009A
119,079 SF (Property Appraiser's acreage)
LEG LOT 9 (LESS BEG 243.48 FT N 14 DEG 3 MIN 53
SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC W
106.51 FT N 38 DEG 45 MIN W 165 FT N 51 DEG 15 MIN
E 153 FT S 38 DEG 45 MIN E 186 FT S 14 DEG 3 MIN 53
SEC W 150 FT TO BEG) JOE E JOHNSTONS SURVEY DB
147PG221
Vacant
"A-1 Agricultural I-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Appraiser Acreage:
Property Legal Description:
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Appraiser Acreage:
Property Legal Description:
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
26-20-30-5AR-OAOO-008F
2,100 SF (Property Appraiser's acreage)
LEG PT OF LOT 8 N OF TUSKA WILLA SUBD WL Y OF
TUSKA WILLA RD & SWL Y OF SR434 & E Yz OF V ACD
Page 3
September 12,2005
Public Hearing Item 406
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
ST ADJ ON W BLK A, D R MITCHELLS SURVEY OF
THE LEVY GRANT PB 1 PG 5
Vacant
"A-l Agriculturall-Acre"
Commercial (Seminole County)
Town Center District (Winter Springs)
Chronology of Subiect Property - The parcels were involuntarily annexed into the city on Oct.
25, 2004.
Existing Land Uses - All of the parcels are vacant and undeveloped except for the comer parcel
where a commercial structure was built in 1982 and is currently leased to Pinch-A-Penny Pool
Supplies.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Commercial Retaill Vacant A-I (SC) Commercial (SC) &
Office (SC)
North Town Center District T -C (WS) Town Center District (WS)
............................ .
South Medium Density Residential R-T (WS) Medium Density Residential (
East Gas Station T-C (WS) Town Center District (WS)
West Vacant (in process of being de T -C (WS) Town Center District (WS)
in Townhomes)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The development pattern within and surrounding the properties are
primarily urban in form and intensity, being part of the Winter Springs Town Center. The Town
Center designation incorporates a mix of uses developed in the neo-traditional manner. The
underdeveloped properties are expected to develop in a pattern consistent with the Town Center
District.
Proposed Future Land Use Classification - The proposed change in the future land use map
designation from Seminole County "Office" and Seminole County "Commercial" to City of
Winter Springs "Town Center District" is compatible with adjacent land uses and consistent with
the mixed use environment promoted within the Town Center.
Letters/Phone Calls In Favor Or Opposition - None.
LS-CP A-05-05 ANALYSIS:
The City of Winter Springs is initiating the request for a Large Scale Comprehensive Plan Text
Amendment (Ordinance 2005-07) to change the Future Land Use Map designation for five (5)
parcels along SR 434 containing 10.65 acres, more or less, located on the south side of SR 434,
at the intersection of Tuskawilla Road, that were annexed involuntarily into the City on October
24, 2005. The Amendment changes the Future Land Use Map designation from (Seminole
County) "Office" (FAR 0.35) and (Seminole County) "Commercial" (FAR 0.35) to (Winter
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September 12, 2005
Public Hearing Item 406
Springs) "Town Center District" (FAR 2.0), in response to State of Florida, Department of
Community Affairs' ORC Report of July 15, 2005. (The maximum potential intensity permitted
in the Town Center of 2.0 FAR, a reduction from the previous 6.0 FAR. This is a much more
realistic FAR given the 6-floor building height limitation in the Town Center rFuture Land Use
Element Policy 2.2.71 and was determined by evaluating the future goals and obiectives for the
Town Center.)
The Town Center Master Plan, adopted in March 2000, illustrates these parcels within the Town
Center District boundary. The Town Center is served by existing roadway infrastructure,
augmented by proposed internal roadways, interconnected pedestrian facilities, and the Cross
Seminole Trail.
The Town Center incorporates a mix of land uses designed to maximize interaction and
interdependence, thereby creating a sustainable neo-traditional district. Office land uses are co-
located with commercial activities and residential uses, thus creating a seamless Town Center
where it is possible to live, shop, and conduct business with decreased dependence on external
developments and amenities.
The following summarizes the data and issues, which were analyzed by staff and the city's
consultants in reviewing this application:
Anticipated Use
Although the City has not received a proposal for a specific use on the subiect property, the
Town Center designation allows and encourages a mix of uses not only horizontally, but
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September 12, 2005
Public Hearing Item 406
vertically as well. Based on the City's planning estimates and the desired development vision for
the Town Center District, the following land uses and intensities are expected at this site if the
development is built out at the MAXIMUM development potential with a six-floor height
divided as follows: Retail Commercial (ground floor), General Office (second floor), and
Residential (upper four floors). This is a typical scenario for mixed use developments in town
center developments throughout Florida, and one that is supported in the current market
economy.
The resulting square footage of floor area would be: 927,828 SF DO.65 acres x 43,560 SF/acre x
2.0 (FAR)], with 154.64 ksf(1000 square feet) retail, 154.64 ksfoffice, and 516 DU (618.55 ksf
residential, 1.2 ksf per unit).
Justification for Future Land Use Desi2nation
The requested future land use map designation was determined by evaluating the prevailing
character of the immediate area, as well as evaluating the land use and the future goals and
objectives of the City. Ninety-five (95) percent of the subject area is surrounded by the City of
Winter Springs, while at least sixty (60) percent of its external boundary is adjacent to areas
developed for urban purposes.
The Town Center District Boundary Map also illustrates the subiect parcels within the Town
Center:
Page 6
September 12, 2005
Public Hearing Item 406
A. Town Center [)idnct UOl.md.lr}' Map
__ IJI.'iitnct Boundary
Endavl:s {nm in clly)
.1.1/>
Public Facilities:
ROADS/TRAFFIC CIRCULA nON:
Availability of Access:
Direct vehicular access is from S.R. 434, Tuskawilla Road, and the new collector road that
connects SR 434 and Tuskawilla Road. State Road 434 was fairly recently widened to four lanes
and has easy access to the S.R. 417 beltway and S.R. 17-92. The Town Center includes a
network of walkways and bicycle facilities. The Cross Seminole Trail snakes through the heart
of the Town Center and creates a safe and independent alternative transportation route for non-
motorized travelers to access the area shops, offices and residential areas.
Improvements/Expansions Needed as a Result of Proposed Development
In order to facilitate the safe, efficient and orderly flow of traffic through the Winter Springs
Town Center, a collector road is planned and will be developed concurrent with construction. It
will connect with the light at Doran Boulevard and will run southeasterly along the boundary of
these parcels to an intersection with Tuscawilla Road. It is part of the planned network and
signalization that is incorporated into the current plan for the Town Center.
This network and signalization will be capable of handling the traffic impact of this quadrant
with no further alterations to the plan, other than assuring that the subiect 10.65-acre parcel,
Page 7
September 12, 2005
Public Hearing Item 406
when developed, is fully connected to the planned street network, and that trips to and from this
parcel can use adiacent local streets to gain access to SR 434 and Tuskawilla Road at multiple
points, as well as cross SR 434 (to get to the north side) at points other than Tuskawilla Road.
The Town Center network of streets is consistent with the Town Center Code and
Comprehensive Plan policies, which encourage street connectivity.
Function Classification:
S.R. 434 is a principal arterial that runs from Edgewater Drive near Orlando to Altamonte
Springs, then east to Oviedo, and then south to East Colonial Drive. S.R. 434 within the City of
Winter Springs is a four-lane east-west divided roadway. The level of service (LOS) is
deficient from US 17-92 eastbound to Timberlane (west of the City), according to FDOT traffic
counts. The segment from Timberlane to Tuskawilla Road has a LOS 'D', according to
Seminole County traffic counts, and a LOS of'D' from Tuskawilla Road to the Greenway.
Tuskawilla Road is a County minor arterial, 4-lane north-south divided roadway that runs from
S.R. 434 in Winter Springs to S.R. 426 near the Orange County line. The LOS is classified 'D'
from Red Bug Rd northbound to S.R. 434 and a LOS 'c' S.R. 434 north into the Town Center.
Traffic Impact:
With the building mix as described above, the daily trip generation based on the ITE Manual is
as follows:
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~-
September 12, 2005
Public Hearing Item 406
Mixed Use Scenario:
Land Use Intensity (ksf=lOOO square feet)
Retail 154.64 ksf
Office 154.64 ksf
Residential 516 DU (618.55 ksf, 1.2 ksf/unit)
Total
ITE Daily Trip Rate
42.94
11.01
5.86
ITE Daily Trips
6,640.2
1, 702.6
3,023.8
11.366.6
The total trip generation under the maximum development potential of 2.0 FAR is 11,367.
Under the current county future land use designations, 70.1 ksf of retail commercial space and
92.2 ksf of office space could be developed. This translates to 4,027 ADT aTE 820 and 710).
Under the proposed future land use designation, 927.8 ksf of mixed use space (retail commercial,
office and residential) could be developed. This translates to 11,367 ADT aTE 820, 710, and
230). The difference between the scenarios represents a potential increase of7340 ADT.
The maximum ADT of 11,367 translates to approximately 909 peak hour trips including both
incoming and outgoing trips, which will be disbursed among the network of local streets, the
adjacent collector street, Tuskawilla Road and SR 434, which allow for east, west, north and
south travel.
These figures are based on the ITE Manual and do NOT include consideration of the internal
capture that will result due to the parcel being located within the Town Center, a mixed use, neo-
traditional center. The Town Center's land use mix, pedestrian friendly design, and development
density will greatly promote internal interaction and the use of non-motorized transportation and
will have unique trip making characteristics. Internalization of trips and use of alternative modes
of transportation are inherently part of a neo-traditional development such as the Town Center
and were are two reduction factors NOT factored in these totals.
Adding a Trip Internalization Factor of 0.7805* (trips that originate and terminate within the
boundary of the Town Center) and a Mode of Transportation Factor of 0.90* (location,
orientation and design of the Town Center results in higher numbers of walking and bicycle trips
which do not create impacts on the roadway network), the total count is reduced to 7984 dailv
trips. (*These factors are based on a study for the Town Center entitled, Proposed Methodology
for Alternative Impact Fee Studv. Winter Springs Town Center. October 2001 prepared by
Traffic Planning and Design Inc. of Maitland, Florida.
Total Dailv Trips with Reduction Factors
7.984
These trip generation numbers indicate that no further additions to the street network as planned,
will be needed to accommodate full development of the subject parcel. Additionally, the high
degree of connectivity intended on both sides of SR 434 will permit the increment of traffic
generated by the subject parcel to be easily absorbed at some combination of the three signalized
intersections envisioned for SR 434 to the west of Tuskawilla Road, and the connections to
Tuskawilla Road.
Page 9
September 12, 2005
Public Hearing Item 406
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However, because the development will generate more than 300 daily trips, a detailed traffic
impact analysis addressing impacts to all roads in the vicinity will be required during
development review. Such an analysis will most likely show trip generation well below what is
estimated here. Three maior factors are likely to contribute to a further reduction:
1. A floor area of 927,828 SF is unlikely on the 10.65-acre, because there are currently no
provisions for on site or offsite stormwater retention, and stormwater would need to be
accommodated. This would result in a reduction to the development intensity.
2. Retail commercial space of 154.64 ksf is optimistic given that the retail centers on the
north side of SR 434 are being developed before the subiect parcel and are satisfying
much of the retail demand for the Winter Springs trade area.
3. Given the existing and planned mix ofland uses within the Winter Springs Town Center,
a portion of the retail and office trips would be captured internally. This internal capture
is not reflected in the 11.367 trips computed above.
Page 10
September 12,2005
Public Hearing Item 406
POTABLE WATER:
The five (5) parcel property area at the southwest comer of the intersection of SR 434 and
Tuskawilla Road is not currently served by the City of Winter Springs for potable water,
although a 12" service line extends along the south side of State Road 434 adj acent to the
property from the west end of the area eastward to Tuskawilla Road and down that road. When
developed, the subject properties will connect to City potable water service. Service lines will be
required to meet City of Winter Springs standards.
Retail Water Demand Estimate = 154.64 ksf (proposed) x .10 gallon/SF
Office Water Demand Estimate = 154.64 ksf(proposed) x .10 gallon/SF
Residential Water Demand Estimate= 516 DU (proposed) x 350 GPD
(ksf= 1000 square feet)
= 15.464 GPD
= 15.464 GPD
= 180,600 GPD
TOTAL Water Demand Estimate
= 211,528 GPD
WASTEWATER
The one developed lot within the property area is currently served by a private septic system for
wastewater service. When developed, the subject properties will connect to the adjacent outfall
which has been sized to accommodate this property. In addition, the city's wastewater treatment
plant has current capacity to service the subject parcels at the maximum development intensity of
a 2.0 FAR.
RECLAIMED WATER:
Although reclaimed water lines are in place along State Road 434, the City does not have the
capacity to serve additional areas with reclaimed water at this time.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service. These parcels
will remain with Progress Energy without any interruption of service. A future land use change
will not impact the current electric rates.
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Services of Florida, Inc., a private solid waste contractor who will provide service to this area.
STORMW ATER MANAGEMENT:
The five (5) parcel property will be subject to the City of Winter Springs stormwater utility
program. A 36" RCP line runs along State Road 434 on the north side. Smaller 18" RCP lines
extend across State Road 434 to drains on the south edge of the pavement. The area drains to the
south and on site stormwater treatment and abatement will be required consistent with City and
SJR WMD regulations.
RECREATION & OPEN SPACE:
The development will be serviced by the City's extensive active park and recreation system.
Page 11
September 12, 2005
Public Hearing Item 406
POLICE:
The City of Winter Springs has been servicing this area with police protection, as established in a
1987 InterLocal Agreement with Seminole County. The nearest station, located at Moss Road
and S.R. 434, has an Emergency Service Response Time of 2.3 minutes, with a response time
under normal conditions at approximately five (5) minutes.
FIRE:
As with Police protection, the City of Winter Springs has been servicing this area with fire
protection per the 1987 InterLocal Agreement with Seminole County. A Fire Station is currently
housed in City Hall, less than a mile from the property area.
Nuisance Potential Of Proposed Use To Surrounding Land Uses
The change in designation from (Seminole County) "Office" and (Seminole County)
"Commercial" to (City of Winter Springs) "Town Center District" will not result in any nuisance
potential for the surrounding properties because proposed uses are compatible with the "Town
Center District" uses and will be more consistent with the surrounding areas than the current
designation. Vegetation currently serves to buffer Single Family residential units to the south.
Additional planting will be required as the properties are developed.
Natural Resources Compatibility-
The properties under consideration do not include any wetlands, conservation areas or any
identified environmentally sensitive areas.
SOILS
The dominant soils on three of the five parcels is Paola-St.Lucie. Paola-St.Lucie is excessively
well-drained with the depth of sand or fine sand at more than 80". Other soils on the parcels are
Tavares-Millhopper which is moderately well-drained, and Myaaka which is poorly drained.
FLOOD PRONE AREAS
No portion of the area under consideration lies within a flood prone area.
HISTORIC RESOURCES
None.
WILDLIFE
The properties under consideration may have Gopher Tortoises. Appropriate permits must be
obtained before any removal takes place.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan graphically designates these parcels within the boundary of the Winter
Springs Town Center, and describes the Town Center as being "located between State Road 434
and Lake Jessup and surrounding the Tuskawilla Road intersection." The Comprehensive Plan
goes on to specify that "proposed developments in the Town Center must be designed at densities
Page 12
September 12, 2005
Public Hearing Item 406
and intensities that are compatible with adjacent existing developments". The proposed future
land use change is faithful to the intent of that endeavor.
Transportation Element
Map 11-3 identifies the property area as a future traffic generator. In response, a traffic light is
planned at the intersection of Doran Drive and SR 434. The Comprehensive Plan further requires
a traffic study be performed during the final engineering phase. The results of that study will
determine further compliance measures, if needed.
Policy 1.5.6. The City shall review the City Code to address safe and convenient on-site traffic
flow, which includes motorized and non-motorized circulation and parking.
The Town Center Code provides for prototypes for roadways. Wider sidewalks and on-street
parking promote traffic calming and increased pedestrian safety. Connectivity issues have been
addressed with the ensuing construction of an eastbound road. Additionally, a connecting
extension of Cliff Rose Avenue across S.R. 434 will be constructed, providing dual access off of
SR 434 to the site.
Future Land Use Element
Policy 1.6.4: The City shall prohibit proposed land use amendments which are anticipated to
reduce the LOS for transportation facilities below the standard.
Related to the transportation element, adoption of the Town Center District Future Land Use will
not reduce levels of service in the area, as connector roads will be constructed to reduce traffic
intensity. The traffic light planned at Doran Drive and the connection to Tuskawilla Road will
allow for the dispersing of traffic to arterials, without the reduction of LOS.
Policy 1.6.5: Land uses that generate high traffic counts shall be encouraged to locate adjacent
to arterial roads and mass transit systems.
While the Town Center Land Use is expected to generate high traffic counts, the two main roads
adjacent to the property, SR 434 and Tuskawilla Road, are both arterials.
Policy 1.8.2: In order to reduce land use conflicts and for efficient public service provision, the
City shall investigate and, where feasible, annex all enclaves
as soon as possible.
An Annexation Study Area Report was completed and filed with the Seminole County Board of
County Commissioners. These parcels are part of that study area which was subsequently
annexed on Oct. 25, 2004.
Policv 2.2.7: (revised) High densitv and intense commercial development shall be allowed in the
Town Center through the adoption of land development regulations, but such densitv and
intensity shall not exceed a floor area ratio of two (2.0) and shall not exceed six (6) stories in
height.
This policy is being amended as a response to DCA's ORC Report of July 15. 2005. The new
maximum potential intensity permitted in the Town Center will be a 2.0 FAR (a reduction from
the previous 6.0 FAR). The proposed future land use change request is supported by data and
analysis which reflect the maximum potential development of the subiect parcels.
Page 13
September 12, 2005
Public Hearing Item 406
The requested Large Scale Comprehensive Plan Amendment changing the land use designation
of (Seminole County) "Office" and (Seminole County) "Commercial" to (City of Winter
Springs) "Town Center District" is compatible and consistent with the proposed use of this area
for "...a variety of residential and non-residential uses to encourage a mix of uses that is
necessary for the economic viability of a city center" as delineated on the Town Center Master
Plan.
FINDINGS:
(1) The proposed amendment will have a favorable effect on the City's budget;
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities;
(3) There will not be an unfavorable impact on the environment or the natural or historical
resources of the city or the region as a result of the proposed amendment;
(4) The proposed amendment is consistent with the goals, objectives, and policies of the State
Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no
longer required as this rule was repealed;
(5) The proposed amendment will not unduly burden public facilities;
(6) The proposed amendment is compatible with the surrounding neighborhoods and land use;
(7) The proposed amendment will not cause the comprehensive plan to be internally
inconsistent, but rather, addresses current internal inconsistencies in the plan.
(8) The proposed amendment will not adversely affect the public health, safety, welfare,
economic order, or aesthetics of the city or region; and
(9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida
Administrative Code.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on AprilS,
2005, the Board held a Public Hearing and recommended "Approval" to the Commission. At a
regular meeting of the Planning and Zoning Board! Local Planning Agency on August 3, 2005,
the Board recommended lowering the Town Center FAR in response to the ORC Report.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption
of Ordinance 2005-07, a Large Scale Comprehensive Plan Amendment changing the Future Land
Use Map designation of the five (5) subject properties, containing 10.65 acres, more or less,
along South S.R. 434, west of the intersection at Tuskawilla Road, from (Seminole County)
"Office" and (Seminole County) "Commercial" to (City of Winter Springs) "Town Center
District", to the Department of Community Affairs, based on the Findings enumerated above.
IMPLEMENTATION SCHEDULE:
September 19, 2005- Submittal to DCA for Compliance Review (within 10 days of adoption)
ATTACHMENTS:
A- FL. Dept of Community Affairs, Obiections, Review and Comments (ORC) Report
Page 14
September 12, 2005
Public Hearing Item 406
B- Minutes: P&Z/LPA Meeting of April 5, 2005 and August 3, 2005
City Commission August 22, 2005
C- Future Land Use Map, March 2005
D- Public Noticing in Orlando Sentinel, Sept 1,2005
E- Ordinance 2005-07 with Exhibit A (Map & Legal Description)
COMMISSION ACTION:
Page 15
September 12,2005
Public Hearing Item 406
ATTACHMENT A
FL. Dept of Community Affairs, Objections, Review and Comments (ORC) Report
Page 16
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
July 15,2005
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The Honorable, John F. Bush
Mayor, City of Winter Springs
1126 State Road 434,
Winter Springs, FL 32708
Dear Mayor Bush:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for City of Winter Springs (DCA 05-2), which was received
May 18,2005. Based on Chapter 163, Florida Statues, we have prepared the attached report that
outlines our findings concerning the amendments. it is especially pertinent that the City address
the objections set forth in our review so that the identified issues can be successfully resolved
prior to adoption. We have also included a copy ofthe local, regional and state agency comments
for your consideration. Within the next 60 days, the City should act by choosing to adopt, adopt
with changes or not to adopt the proposed amendments. For your assistance, our report outlines
procedures for final adoption and transmittal.
The City of Winter Springs proposed Amendment 05-2 consisted of one Future Land Use
(FLUM) amendment and several text amendments. The FLUM amendment (LS-CP A-05-05)
will re-designate approximately 10.95 acres from County Office and Commercial to City Town
Center. The text amendment (LS-CP A-05-06) and (LS-CP A-05-07) involve changes to the
Future Land Use, Transportation, and Intergovernmental Coordination Elements.
The Department has identified concerns with the proposed amendment package. The
proposed FLUM amendment is not supported by an adequate infrastructure analysis
demonstrating that the adopted level of service on affected public facilities is not impacted by
this development. The Department looks forward to further discussions with the City to
determine whether a more appropriate intensity standard for the Town Center land use category
can be identified and incorporated into the comprehensive plan.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:/Iwww.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT
2796 Overseas Hi~hwa/' Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
u.......,......... 1:1 '1'11'11:'''.")'''''7 T.qIl~hAs.see. Fl32399-2100 Tallahassee, Fl3239g..2100
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
T allaha.....e. FL 323~21 00
The Honorable William D. Arthur, Mayor
July 15,2005
Page Two
The Department looks forward to working with the City of Winter Springs to address the
objections. We will be available to assist in any way we can. If you or your staff have any
questions or if we may be of further assistance as you formulate your response to this Report,
please contact me at (850) 922- 1818 or Towanda Anthony at (850) 922-1782.
Sincerely,
J
es D. Stansbury,
egional Planning Administrator
JS/ta
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Jeff Jones, Acting Executive Director, East Central Florida Regional Planning Council
Eloise M. Sahlstrom, Senior Planner, 1126 State Road 434, Winter Springs, FL 32708
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
City of Winter Springs
AMENDMENT 05-2
July 15, 2005
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 9J-l1.01O, F.A.C.
TRANS MITT AL PROCEDURES
The process for adoption oflocal comprehensive plan amendments is outlined in s.
163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code.
Within ten working days of the date of adoption, the City must submit the following to
the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance revi.ew, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Acting Executive Director of the East Central Florida Regional PlaIU1ing Council.
Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S.,
requiring the Department to provide a courtesy information statement regarding the
Department's Notice of Intent to citizens who furnish their names and addresses at the local
govenunent's plan amendment transmittal (proposed) or adoption hearings. In order to provide
this courtesy information statement, local governments are required by the law to furnish to the
Department the names and addresses of the citizens requesting this information. This list is to be
submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet
is attached for your use).
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of City of Winter Spring's proposed amendment to their comprehensive plan (DCA
number 05-2) pursuant to Chapter 163.3184, Florida Statutes (F.S.).
The objections relate to specific requirements ofrelevant portions of Chapter 9J-5, Florida
Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference between
the Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence.
Each of these objections must be addressed by the local government and corrected when the
amendment is resubmitted for our compliance review. Objections, which are not addressed, may
result in a determination that the amendment is not in compliance. The Department may have
raised an objection regarding missing data and analysis items, which the local government
considers not applicable to its amendment. Ifthat is the case, a statement justifying its non-
applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will
make a determination on the non-applicability of the requirement, and if the justification is
sufficient, the objection will be considered addressed.
The comments, which follow the objections and recommendations section, are advisory in
nature. Comments will not form bases of a determination of non-compliance. They are included
to call attention to items raised by our reviewers. The comments can be substantive, concerning
planning principles, methodology or logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Obj ections" heading in this report.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
CITY of Winter Springs
AMENDMENT 05-2
I. OBJECTIONS
The City of Winter Springs is amending five parcels of land containing approximately 10.65
acres from Seminole County Office (6.0 ac @ 0.35 FAR) and Commercial (4.6 ac @ 0.35 FAR)
to City of Winter Springs Town Center (6.0 FAR) due to annexation. Staff has identified
potential objections to the FLUM amendment. The objections relate to insufficient infrastructure
data and analysis. The analysis is not based on the maximum 6.0 FAR allowed for the proposed
land use.
A. The Department raises the following objections to FLUM amendment LS-CPA-05-
05.
TRANSPORTATION
1.0biection: The proposed amendment has not demonstrated that the necessary transportation
facilities are available or planned to be constructed concurrent with the development.
The proposed amendment has not demonstrated consistency with the transportation provisions
(goals, objectives, and policies) of the following: Future Land Use Element (Objective 1.3),
(Policy 1.3.1) and (Policy 1.3.2); Transportation Element (Objective 1.9) and Capital
Improvements Element (Policy 3.1). The proposed amendment is not consistent with the
requirements of:
Sections 163.3177(2), 163.3177(3), 163.3177(6)(a), 163.3177(6)(b), 163.3177(JO)(h), F.s.
Rules 9J-5.005(5), 9J-5.006(2)(a), 9J-5.006(3)(c)3., 9J-5.016(3)(b)1., 3., 4., and 5., and 9J-
5.016(3)(c), 9J-5.016(4), 9J-5.019(4)(b)2., 3., and 5., 9J-5.019(4)(c), and 9J-5.019(5), F.A.C.
Recommendation: Provide data and analysis demonstrating the necessary improvements to
address the transpo~ation impacts of the proposed development and demonstrate the necessary
roadway improvements needed are in the appropriate short range or long range capital
improvements'plan, depending on when needed and based on the maximum density/intensity
allowed for the proposed land use. If the facilities are needed in the first five years then they
should be included in the appropriate financially feasible five-year capital improvement plan.
Any roadway improvements within the City should also be reflected on the Traffic Circulation
Map. Base the analysis on the amount of development proposed in the future land use map
amendment. If the City intends to rely on developer-funded improvements for the necessary
transportation facilities to support the proposed land use amendment, then the executed
development agreement must be submitted along with the amendment. Regardless ofthe entity
responsible for the transportation facility, the future land use map should be coordinated and
based upon existing or the planned availability of supporting transportation facilities. Revise the
amendment as necessary to be consistent with and supported by the data and analysis.
PUBLIC FACILITIES
2. Obiection: The proposed amendment is not supported by data and analysis to demonstrate
that public facilities, including potable water facilities and sanitary sewer services, are available
or will be available at the adopted level of service standards, to serve the potential maximum
development allowed for the proposed land use. The proposed FLUM amendment is not
supported by an adequate public facilities analysis addressing the following: (1) the amount of
potable water and sanitary sewer generated by the max-imum development potential allowed by
the FLUM amendment; (2) the available uncommitted capacity of potable water and sanitary
sewer facilities that would serve the amendment site; (3) the impact ofthe demand for potable
water and sanitary sewer on the projected operating level of service and available capacity of
these facilities for the five year and long term planning timeframe; (4) the need for potable water
and sanitary sewer facilities improvements (scope, timing, and cost of improvements) to
maintain the adopted level of service standards for the facilities; (4) coordination of the needed
facilities improvements with the plans with the Infrastructure and Capital Improvement
Elements, including implementation through the five year schedule of capital improvements.
The proposed amendment has not demonstrated consistency with the public facilities provisions
(goals, objectives, and policies) of the following: Future Land Use Element (Objective 1.3),
Policy 1.3.1 and Policy 1.3.2), Infrastructure (Objective IV-A-l) and (Policy IV-B-2.1), and
Capital Improvements Element (Objective 1.1). The proposed amendment is not consistent with
the requirements of:
Sections 163.3177(2and 3, 163.3177(6)(a), 163.3177(6)(c), and 163.3177(J0)(h), F.s.
Rules 9J-5.005(2 and 5), 9J-5.006(2)(a) and 9J-5.006 (3)(b) 9 and 10, 9J-5.006(3)(c)3., 9J-
5.011 (J)(j) and 9J-5.011 (2)(b) and (c), 9J-5.016(3)(b)1., 9J-5.016(3)(b)3., 4., and 5., 9J-
5.016(3)(c), and 9J-5.016(4)(a), F.A.C.
Recommendation: Provide data and analysis, demonstrating the availability of potable water
and sanitary sewer facilities to serve the site affected by the proposed amendment. The data and
analysis should demonstrate how the facilities are coordinated with the proposed development as
it occurs within the planning horizon ofthe comprehensive plan. The amendment should also
demonstrate that adequate public facilities are planned for in the comprehensive plan to
accommodate the level of development projected within the next five-year period and the next
ten-year period. The amendment should address the public facility improvements (scope, timing,
and cost) needed to mail1tain the adopted level of service standards for public facilities. The
analysis should be based on the maximum development potential allowed by the proposed land
use. Revise 'the amendment as necessary to be consistent'with and supported by the data and
analysis.
II. COMMENTS
1. Comment: The Department of Transportation noted that additional roadway segments were at
a deficient LOS and should be identified in the transportation element update. Currently
segments of US 17-92 and SR 419 are identified on Map II-6 as having a deficient. The map
should be revised to show US 17-92 and SR 434 as experiencing a deficient LOS.
2. Comment: The Department has coordinated with City Planning Staff in regards to the
currently adopted Floor Area Ration (FAR) of 6.0 for the land use proposed for the site. We
have discussed alternatives for addressing the Department's concerns with the intensity of the
proposed land use category. The Department pointed out that the City may want to assess
whether such an intense land use is in keeping with your vision for the character of the
community. On a I-acre lot a 6.0 FAR would allow up to 261,360 gross square feet of non-
residential development. This would allow the intensity of a large mall to be located on a four
acre parcel. This does not include any infrastructure (stormwater), open space, or parking
requirements. It would be difficult for any community to plan for such an intensity considering
the infrastructure needs and in some cases demonstrating the suitability and compatibility of such
an intense land use.
The City should reassess the need for such an intense land use. An FAR of 1.5 is still a
high intensity for the land use category but may still achieve the City's vision for this area. An
intensity standard closer to what the City wants to achieve in this land use category will allow for
better coordination of infrastructure and overall planning. We look forward to further
discussions with the City to resolve the Department's concerns with the proposed intensity for
the site.
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Florida Department of Transportation
JEB BlISH
GOVERNOR
JOSE ABREU
SECRETARY
Planning & Public Transportation
133 South Semoran Boulevard
Orlanao, FL 32807~3230
June 16, 2005
Mr. Ray Eubanks, Community Program Administrator
Department of Communi!)' Affairs, State of Florida
Plan Review & DRI Processing Section
2555 Shumard Oaks Boulevard
Tallahassee, FL 32399-2100
SUBJECT:
LOCAL GOVERNMENT:
DCA#:
PROPOSED COMPREHENSIVE PLAN AMENDMENTS
WINTER SPRINGS
05-2
Dear Mr. Eubanks:
The Department of Transportation has. completed its review of the above proposed
comprehensive plan amendments as requested in your memorandum dated, May 19, 2005..
We appreciate the opportunity to participate in this review process and we offer our comments
with this letter. If you have any questions, please contact me at 407-482-7856 (Suncom: 335-
7856) or e-mail meatbettv.mckee@dot.slale.f1.us.
Sincerely,
~ /'0.c~
Betty McKee
Systems Planner
BMcK
attachment
cc: Don Fisher, Seminole County
Rob Magee, FDOT
Bob Romig, FDOT
Eloise Sahlstrom, Winter Springs
James Stansbury, DCA
Tony Walter, Seminole County
File: J: \Grow1 h Managemenl\Comprehensive Plans\CommenlsandCoverLetters\S eminole Co\WinlerS "ringsO&- 2Coverl etlertJ61605. doc
Florida Department of Transportation
Intermadal Systems Development
Technical Applications Section
Page 1 of 2
COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS
Local Government:
Winter Springs (Seminole County)
DCA Amendment #:
05-2
Date of DCA's Request Memo:
May 19, 2005
Review Comments Deadline:
June 17, 2005
Today's Date:
June 16 2005
ELEMENT:
Future Land Use Element: FlUM Amendments
RULE REFERENCE:
9J-5.006 Future Land Use Element
9J-5.019 Transportation Element
9J-11.006 SubmIttal Requirements
9J-11.007 Data and AnalysIs RequIrements
BACKGROUND INFORMATION:
LS-CPA-05-05: 10.65 acres; current future land use: County Office (6.05 acres @ 0.35 FAR) and County
Commercial (4.6 acres @ 0.35 FAR); proposed future land use: City Town Center (6.0 FAR with
structured parking, 36 units! acre); affected state roads: SR 15-600 (US 17-92), SR 417, SR 419, SR 426,
SR 434 and SR 436
REVIEW COMMENTSI RECOMMENDATIONS:
92,238 square feet of office uses and 70,132 square feet of commercial uses could be developed under
the current future land use designations, which translate to 4,027 average daily trips (ITE 710 and 820).
2,783,484 square feet of commercial uses could be developed under the proposed future land use
designation, which translates to 119,523 average daily trips (lTE 820). The difference between the
scenarios represents a potential increase of 115,496 average daily trips.
land Use Square feet Average Dally Trips
Current DesiQnations County Office 92 238 . 1,016
County Commercial 70132 3,011
Subtotal 4027
Prooosed Desianation City Town Center 2.783,484 119,523
Subtotal 119523
Net TrIps 115 496
The request is not supported by appropriate data and analysis. As shown on FOOT's 2004 LOS ALL
spreadsheet, several affected segments of SR 15-600 (US 17-92), SR 419, SR 426, SR 434 and-SR 436
are currently over capacity. These segments, as well as one segment of SR 417, an FIHS!SIS facility,
are expected to remain so by 2014. A traffic impact analysis that assumes the maximum development
scenario possible under the proposed future land use designation and addresses impacts to all state
roads in the vicinity should be submitted to support the request or a new policy could be added to the
Camp Plan limiting development in this area to a .26 FAR.
FOOT Contact: Betty McKee, Systems Planner Reviewed by: Ellen Bertoni, AICP
FOOT Genesis Group
Telephone: 407-482-7856 (Suncom: 335-7856) 904-730-9360
Fax: 407 -27 5-4188 904-730-7165
E-mail: bettv.mckee@dot.state.fl.usebertoni@QenesiSQroup.com
File: J:\Growth Manage menfIComprehenslve Plans\Commenlsand Coverle~e,.\Se minole Co\WinterSpringsO~2Commenls0616C5.doc
Florida Department of Transpcrtation
Intennodal Systems Development
Technical Applications Section
Page 2 of2
COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS
Local Government:
Winter Springs (Seminole County)
DCA Amendment #:
05-2
Date of DCA's Request Memo:
May 19, 2005
Review Comments Deadline:
June 17, 2005
Today's Date:
June 16 2005
ELEMENT:
Transportation Element: Text Amendment
RULE REFERENCE:
9J-5.019 Transportation Element
9J-11.006 Submittal Requirements
9J-11.007 Data and Analysis Requirements
BACKGROUND INFORMATION:
LS-CPA-05-06: The purpose of the text amendment is to incorporate the recently adopted update to the
Transportation Study (known as "Supplement 3"), and to revise and delete text regarding inconsistencies
related to the Town Center transportation network.
REVIEW COMMENTSI RECOMMENDATIONS:
Map 11-6 shows only two road segments as deficient: US 17-92 (from SR 419 to Shepard Road) and SR
419 (from US 17-92 to SR 434). The map should be revised to include US 17-92 (from Orange County to
Shepard Road) and SR 434 (from US 17-92 to Edgemon Avenue): these segments are also deficient per
FDOT's 2004 LOSj,LL spreadsheet.
FOOT Contact: Betty McKee, Systems Planner Reviewed by: Ellen Bertoni, AICP
FOOT Genesis Group
Telephone: 407-482-7856 (Suncom: 335-7856) 904-730-9360
Fax: 407-275-4188 904-730-7165
E-mail: bettV.mckee@dot.state.f1.us ebertoni@QenesisQroupcom
File: J:IGrowlh M anagement\Comprehensi\le Plans\CommentsandCo\lert.eHers\Seminole Col'MnlerSprings05-2Commenls06160 5.doc
East Central Florida
REGIONAL
PLANNING
COUNCIL
- -
Chairman
Welton G. Cadwell
Commi$sioner
Lake County
Vice Chairman
Jon B. Rawlson
Governor's
Appointee
Orange County
Secretary/Treasure
r
Michael S. Blake
Commissioner
Tri-County L€3~Ue
of Cities
~linter Sprir.Js
Executive Director
Sandra S. Glenn
Se/Til/g
Brevard. Lake.
OrClllg<!. Osao/a.
Seminole alld "o/mill
COllI/ties.
631 N. vij,more P..:)ad
Suite 10C-
['l"itland, F1cripa
.32751
Prone
407.623.lC'iS
Fax 407.623.1084
Suncom 334-1,)75
Suncom Fa;,
334. 108~
Website:
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M E MORA N DUM
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TO:
O. Ray Eubanks, FOCA, Community Program Administrator
James Stansbury, FOCA
FROM:
Jeffrey A. Jones
DATE:
Thursday, June 02, 2005
SUBJECT: Comprehensive Plan Amendment Review
LOCAL GOVERNMENT:
Winter Springs
LS-CPA-OS-OS; LS-CPA-OS-06; LS-CPA-OS-
07.
05-2
LOCAL AMENDMENT #:
DCA AMENDMENT #:
Council staff has completed a technical review of the above referenced
comprehensive plan amendment. The review was conducted in accordance
with the provisions of the East Central Florida Regional Planning Council's
current contract with the Florida Department of Community Affairs for Plan
and Plan Amendment Reviews.
We have not identifiep any significant and adverse effects on regional
resources or facilities, nor have any extra-jurisdictional impacts been
identified that would adversely effect the ability of neighboring jurisdictions
to implement their comprehensive plans.
The East Central Florida Regional Planning Council is available to assist in the
resolution of any issues that should arise in the course of your review. If you
should have any questions, please contact me at Sun Com 334-1075 x327.
Thank you.
cc:
Local Government Contact: Eloise Sahtstrom, Senior Planner
File
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Department of
Environmental Protection
-=-
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen ':11. C,astille
Secretary
June 9, 2005
Mr. Ray Eubanks
Florida Department of CommWlity Affairs
Plan Review and DR! Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: Winter Springs 05-2, Comprehensive Plan Amendment Review
Dear Mr. Eubanks:
On behalf of the Department of Environmental Protection, the Office ofIntergovemmen-
tal Programs has reviewed the proposed comprehensive plan amendment in accordance with the
provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and
recommendations is limited to the environmental suitability of the proposed changes in light of
the Department's regulatory and proprietary responsibilities. Based on our review of the pro-
posed amendment, the Department has found no provision that requires comment, recommenda-
tion or objection under the laws that form the basis of the Department's jurisdiction and author-
ity. If the amendment pertains to changes in the future land use map or supporting text, please be
advised that at such time as specific lands are proposed for development, the Department will
review the proposal to ensure compliance with environmental rules and regulations in effect at
the time such action is proposed.
Thank you for the opportunity to comment on this proposal. If! may be of further
assistance, please call me at (850) 245-2172.
Sincerely,
SP/l(
Suzanne Ray
Office of Intergovernmental Programs
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4049 Reid Street · P.O. Box 1429 · Palatka, FL 32178-1429 . (386) 329-45GO
On the Internet at www.sjrwmd.com
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June 17,2005
D. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Communit y Affai rs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Winter Springs 05-2
Dear Mr. Eubanks:
SI. Johns River Water Management District (District) planning staff have reviewed the above-
referenced proposed comprehensive plan amendment. The proposed amendment consists of one
change to the City of Winter Springs' future land use map and text changes to the Future Land
Use, Conservation, and Transportation elements of the comprehensive plan. The District staff
review focuses on water supply availability and related water resource issues in an effort to link
land use planning and water supply planning. District staff have no comments because no
substantial water supply availability or related water resource issues were identified.
We appreciate the opportunity to provide comments. If you have any questions, please contact
District Policy Analyst Peter Brown at (386) 329-4311/Suncom 860-4311 or ,
pbrolVll@jjnvmd.com.
Sincerely,
~~~~SL
Linda Burnette, Director
Office 61' Communications and Governmental Affairs
LB/PB
cc; Eloise Sahlstrorn, City of Winter Springs
Jeff Jones, ECFRPC
Lindy McDowell, FDEP
Nancy Christmnn, SJRWMD
Jeff Cole. SJRWMD
Peter Brown, SJRWMD
GOVERNING BOARD
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September 12, 2005
Public Hearing Item 406
ATTACHMENTB
Minutes
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 5, 2005
(RESCHEDULED FROM APRIL 7, 2005)
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance
2005-07, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CPA-05-05
Which Changes The Future Land Use Map Designation From "Office" (Seminole County)
And "Commercial" (Seminole County) To "Town Center District" (Winter Springs) For
Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR
(State Road) 434, At The Intersection Of Tuskawilla Road.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented
this Agenda Item and displayed the map of the parcels.
Discussion.
Ms. Sahlstrom said, "Staff does recommend approval to the City Commission for this Transmittal
Hearing of Ordinance 2005-07."
Discussion ensued.
Vice Chairperson Karr stated, "I have a problem with the statement that it 'Will not unduly - burden
public facilities'." Vice Chairperson Karr added, "I wonder how much more burden - Town Center
development is going to have on our water supply."
Discussion.
Vice Chairperson Karr asked, "What about the Gopher Tortoise?" Ms. Sahlstrom said, "We will require
an Environmental Study to determine if on that site there are Gopher Tortoises and if they are there, they
will have to either mitigate those or relocate them depending on how many there would be and if they
meet the threshold that's been established by the State for doing that. It's really controlled by the State
and not by the City. We do not have an Ordinance that stipulates anything in addition than what is
already required by the State."
Furthermore, Vice Chairperson Karr asked, "And then also under reclaimed water, it says, 'The City does
not have the capacity to serve additional areas with reclaimed water at this time'." Ms. Sahlstrom said,
"Right. That is correct." Vice Chairperson Karr said, "And that's not - a burden on public facilities?"
Ms. Sahlstrom stated, "Reclaimed water is a way to diminish the demand on potable water and we don't
have enough reclaimed water to expand our current reclaimed water service at this time, but we have
enough potable water available to service this site."
Page 1 7
September 12, 2005
Public Hearing Item 406
ATTACHMENTB
Minutes
Chairman Poe opened the "Public Input" portion of this Agenda Item.
Mr. Billy Nichols, 1281 Nature's Way, Winter Springs, Florida: addressed the Board Members regarding
his concerns with traffic as a result of this project.
Ms. Sam Nichols, 1281 Nature's Way, Winter Springs, Florida: spoke of her concerns with her property
being near this development. Ms. Nichols'stated, "Are you going to move my mailbox - behind the new
proposed road or are you going to give me signage - to keep people from coming back there?" Ms.
Nichols added, "Am I going to have a fence or a buffer - between me and Walgreens?" Chairman Poe
stated, "I don't know that there is a Walgreens going to be there." Ms. Nichols remarked, "Or, whatever
it might be."
Vice Chairperson Karr stated, "I just wanted to let you know that these are all questions you can bring
before the Commission,"
Discussion.
Ms. Nichols stated, "It has changed everything from traffic to theft has changed back there."
Chairman Poe closed the "Public Input" portion of this Agenda Item.
Vice Chairperson Karr said, "I just want the Commission to recognize that there are concerns here and
my concern is that once we Vote on this as to change it over to Town Center, we - give up our right to
say anything else." Vice Chairperson Karr added, "My concern is mainly traffic and burden on the
public facilities which includes water supply and school overcrowding."
Discussion.
"AT THIS POINT, I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT
WE ACCEPT THE ORDINANCE 2005-07 AS APPROVED." MOTION BY BOARD
MEMBER VOSKA.
CHAIRMAN POE REITERATED, "I HAVE A MOTION TO APPROVE THE
RECOMMENDATION AS PRESENTED BY STAFF CHANGING THE PIECES OF
PROPERTY FROM 'SEMINOLE COUNTY' TO 'TOWN CENTER DISTRICT'." VICE
CHAIRPERSON KARR STATED, "WITH OUR CONCERNS." SECONDED BY VICE
CHAIRPERSON KARR. DISCUSSION.
CHAIRMAN POE STATED, "I HAVE A 'SECOND' FROM VICE CHAIRPERSON
KARR WITH HER CONCERNS THAT SHE EARLIER EXPRESSED."
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
Page 18
September 12,2005
Public Hearing Item 406
ATTACHMENT B
Minutes
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING
AUGUST 3, 2005
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold
A Public Hearing And Make Recommendation To The City
Commission Regarding Objections Raised In The State Of Florida
Department Of Community Affairs Objections, Recommendations And
Comments Report Related To LS-CP A-05-05 (Ordinance 2005-07), LS-
CPA-05-06 (Ordinance 2005-11) And LS-CPA-05-07 (Ordinance 2005-
12).
Ms. Sahlstrom discussed this Agenda Item.
Ms. Sahlstrom said, "We would take this to the [City] Commission for two
(2) Public Hearings even though the State would only require just one (l )."
Discussion.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
Discussion ensued.
"I WOULD LIKE TO MOVE THAT WE RECOMMEND TO THE
CITY COMMISSION TO AMEND THE FUTURE LAND USE
ELEMENT BASED ON OBJECTIONS RAISED IN THE STATE OF
Page 19
September 12,2005
Public Hearing Item 406
ATTACHMENT B
Minutes
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
AS PRESENTED ON PAGES FIVE (5) THROUGH SEVEN (7) OF
[AGENDA] ITEM '401' WITH THE EXCEPTION THAT WE USE A
1.5 MAXIMUM FLOOR AREA RATIO FOR THE TOWN CENTER
INSTEAD OF A 2.0." MOTION BY BOARD MEMBER TILLIS.
SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER TILLIS: AYE
VICE CHAIRPERSON KARR: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
Page 20
September 12,2005
Public Hearing Item 406
ATTACHMENT B
Minutes
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
CITY COMMISSION
REGULAR MEETING
AUGUST 22, 2005
REGULAR
507. Community Development Department - Planning Division
Requests The City Commission Consider Changing The Floor Area Ratio In The
Town Center From A 6.0 FAR [Floor Area Ratio] To A 2.0 FAR [Floor Area Ratio],
In Response To Objections Raised In The State Of Florida Dept [Department] Of
Community Affairs Objections, Recommendations And Comments Report Related
To LS-CPA-05-05 (Ordinance [Number] 2005-07), LS-CPA-05-06 (Ordinance
[Number] 2005-11) And LS-CPA-05-07 (Ordinance 2005-12), Received July 18,
2005.
"I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT A FLOOR AREA
RATIO OF 2.0 IN OUR COMPREHENSIVE PLAN AND DIRECT STAFF TO
TAKE WHATEVER STEPS ARE NECESSARY TO MAKE THAT CHANGE TO
COMPLY WITH THE - ORC [OBJECTIONS, RECOMMENDATIONS AND
COMMENTS] REPORT. THE DATE STATED IN THE AGENDA ITEM."
MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER
MILLER. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORBLAKE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: NAY
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Page 21
September 12,2005
Public Hearing Item 406
.
ATTACHMENT C
FUTURE LAND USE MAP. March 2005
.
LAND USE CLASSIFICATION LEGEND
III COlr:rl"?!Ckl1
(Jreen'\\/DV
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.
September 12, 2005
Public Hearing Item 406
ATTACHMENT D
Public Noticing in Orlando Sentinel
NOTICE OF CHANGES TO THE
COMPREHENSIIVE PIlAN
AND ZON ING MAP
CITY OF WINTER SPRINGS
NCmCE IS llilREBY GIVEN TIurTHE CIfY COMMISSION OP
1RE CITY OF WINTER SPRINGS PROP('SES TO AI)()PT:
OIlliINANCE NO.2005.iI'J'
AN ORDINANCE OFTH8 CITYCOMMISSDN OF1RECIfYOFWIN'ffill SFRING&.SE1r4lNOl..E COUNT'L FLORI.
DA. RELATING TO COl.lPRmmNSl\'B PLANNING. mITlNG IDIITE AND AI)()PTlNG A lARGE SCA.LE COM.
~~~ik~~~Y,1:)I8~~-WaJ)~~ID~~~gr~
aTY OF WlNlllR :mUNGS GtlNER.Al.LY DtlSCllmED AS Fl\'B (5) !'.lRCElS OF LAND. CONJ::l..lN[NG 10.65
GROSS ACIUlS MOO.E OR LESS. AND WCJOED GEN11RAl.LY ALONG tlAST sn:rn 0ClIill 4~.l.lORtl!'.llmC-
tlLARLY AND LOOAlLY mSCRlAED IIERIUN IN E.."\;,IIlBIT "'A:' Al"LICllED IlERETOAND A1U..Y, lNCORJU.
RATED IIERElN IlYTHrs RtlfERElNCE.PROM SBMINOLE COUNTY ''OFPnl' OR "COMMBRaAL "'lDClTY OF
WINTER SPRINGS ""!'l:J\!{N CENltlR";.AOOlTIONALLY ADDRBSSlNGnmOBlECTIONS, RECOMMeNDATIONS.
AND COMMIDrnl RIlCEl\'BD BY TIm FLORIDA DB!'.lRTMENI'OF COldMIJNIfY APFMRS R.ELAIl'I'E ro LS-
CPA-OMS I!. Y AMBNDING 1RE MAXIM1I1>1 FLOOR ARBA RAJ:lO IN TIm TOWN CBNlllR PROM 6.0 'lD 2.0 IN
ORIXlR TO REDUCE THE MAXlMtlt.1 PClSSJIlLB tRANSPORT.uIDN IMPACTS ANDIlllTTliR COClQDlNATE
INFRASlRlCIlJRE NEl'DS: PROVIDING AN EFmCTIVB DAlll AND LEGAL srA1US OF THB PLAN AMEND.
MENT; PROVlDINGFOR tRANSMII'LUOl'mEPLAN'lDTIlE Dm\RTMBNTOl'COMMtlNIfY APFMllS; PRO.
VlDING FOR mE RBIllAL OF PIUOR lNCONSJ:smNT ORDIl>fANCES AND RBSOLUllONS. SB\'llRABIllI"Y:
AND AN mECIT\'E D.m. (See MAP 'A' fur l"""lioo)
Map 'A'
!I
~
~
ORDINANCE NO.20OS-Gll
AN ORDlNANCEOFTHE CITY COMMISSDN OF1RECIfY OFWlNTEll SFRING&. SE1r4lNOLE COUNTy FLORI.
DA. CllANGlNG TIm OFI'DAL ZONING MAP DESx;wJDN OF FIVE (5, PARCElS OPREAL ~ CON-
~~~W&J{~~yf~RJS~~B1f~~~~~I~Ii~Y~~~~~~~
INCORPORAIliDtruRElN llY, THIS RmtlRENCE. PROM SBMLNOLE COUNTY "A.l" ro CITY OP WINTER
SPRINGS "TOWN CENTBR;" m.o\'IDlNG TIlE CONmllONS OP AR'RO\\U;FRO\'IDING FOR mE REIllAL 01'
PRIOR I~ONSJ:smNT ORDINANCBS AND RESOLUllONS. SEVEllAIllLlTY, AND ANBPFBCTIVE om. (S..
MAP 'A' for loc.IiooJ
PUBLIC !mA.RfNGS FOR SECOND READING J< ADOPTION
WlLLBE rm..D ON
Oi soo~1~n~b:l~i!if~~llfifE1M:i~~ ~A.MBEt.s
LOC.tlED AT Till: WINTER SPilNGS CITY DAtl
112. EAST SUn: ROAD 434
WINTER SPltlNGS. FLOilDA
The .P'~4 ordiN"",. rJl.SY boo cl:<4'lIOd try'in.,...,*<t piirtie.t...I"",eD 8 UII. .D<1 5 p.m., McadllY thr<<i,Jl Friday. a.t "'"
at)" <.:I"rl:'o Offi:e. .I<<ated II 1126 E. SR 434, 'Mom Springs. Ho.ridll. Pam"..., iDf_"lim, can (4OJ ))17.I~:;:' 1227.
Pe........with dulbb..s n..din@: ...."111"'. I>:> portidl',"",n lIl" of Ib_ F<""..d~. abould c"nllr:tllte l?m~~e Re1oti<lflS
o.p,ortmmtCoordm4l<1, 4ll bou", lbablll'-'" <f""'.me<tin,gat (4J)7) 327.I&O.f-l:l6. 'Tbo~bI~ ""lit. Intms"d
I""us a", .d\....d tbol ill"}' may 'I'p"...t Ib.mee.n@:.,.jlieb....rd "'1b ""'peel I>:> tile I' oolma,.,,1. ]fy"" decide
to ~l.~' ...,c""""".d.ionce dedlioo.made by "'" City Commwioo with IUpectW Ill" IlUlllerc<:llUid=d at this me...
'''8, ,""u ..;fl. ...d ."",00:( of ihe p,,,,,,<<llbSO. and fOr ...chpu'!""'....},oo ""Y ...d to ....lI'e Ibll a ""Mim "'....cd <f "'"
J'I"'O'<<l1Jl!)i ...mlllle upon ..111ch "'" apP""l ..I::mied.
Page 23
September 12, 2005
Public Hearing Item 406
ATTACHMENT E
Ordinance 2005-07
Page 24
ORDINANCE NO. 2005-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED
AS LS-CP A-05-05, PROVIDING FOR ADOPTION OF AN AMENDMENT TO
THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL
PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY
DESCRIBED AS FIVE (5) PARCELS OF LAND, CONTAINING 10.65 GROSS
ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG EAST
ST ATE ROAD 434, MORE P ARTICULARL Y AND LEGALL YDESCRIBED
HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "OFFICE" OR "COMMERCIAL" TO CITY OF WINTER
SPRINGS "TOWN CENTER"; ADDITIONALLY ADDRESSING THE
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS RECEIVED BY
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RELATIVE
TO LS-CPA-05-05BY AMENDING THE MAXIMUM FLOOR AREA RATIO
IN THE TOWN CENTER FROM 6.0 TO 2.0 IN ORDER TO REDUCE THE
MAXIMUM POSSIBLE TRANSPORTATION IMPACTS AND BETTER
COORDINATE INFRASTRUCTURE NEEDS; PROVIDING AN EFFECTIVE
DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING
FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established in chapter 163, Part II, Florida
Statutes, on the proposed comprehensive plan amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
City of Winter Springs
Ordinance No. 2005-07
Page 1 of 5
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment (LS-CP A-05-05) to the Florida
Department of Community Affairs for its review and comment; and
WHEREAS, on April 25, 2005, the City Commission held a public hearing on the proposed
amendment and approved transmittal of the future land use map amendment of the subject property
to the Florida Department of Community Affairs (DCA); and
WHEREAS, on July 15, 2005, DCA issued its Objection, Recommendations, and Comments
Report to the City of Winter Springs which, in part, stated that DCA objected to the proposed Town
Center Future Land Use Map amendment because no data and analysis was submitted which would
support the potential maximum development of the proposed site using the current 6.0 Maximum
Floor Area ratio in the current Comprehensive Plan relative to the Town Center; and
WHEREAS, in the ORC Report, the DCA recommended that the City address the objection
made by simultaneously amending the text of the current Comprehensive Plan to reduce the
Maximum 6.0 Floor Area Ratio; and
WHEREAS, on August 3, 2005, the Land Planning Agency of the City of Winter Springs
considered the ORC Report and recommended to the City Commission that DCA's objection be
addressed and that the maximum Floor Area Ratio in the Town Center be reduced; and
WHEREAS, the City Commission desires to address DCA's objection so that DCA will find
the proposed amendment in compliance by simultaneously amending the Future Land Use Map
designation of the subject property and amending the maximum floor area ratio within the Town
Center; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulations Act, sections 163.3184
and 163.3187, Florida Statutes.
City of Winter Springs
Ordinance No. 2005-07
Page 2 of 5
Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance are to adopt the large
scale comprehensive plan amendment (LS-CP A-OS-OS) designating the subject property from
Seminole County "Office" or "Commercial" to City of Winter Springs "Town Center" and to amend
the text ofthe Comprehensive Plan by reducing the Maximum Floor Area Ratio allowed in the Town
Center from 6.0 to 2.0.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property, depicted in Exhibit "A" as Seminole County "Office" or "Commercial" to City of Winter
Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this
reference.
Section 5. Adoption of Amendment to the Text of the Comprehensive Plan. The City of
Winter Springs' Comprehensive Plan, Future Land Use Element and Housing Element, related to
the Town Center only, is hereby amended as follows:
(a) FUTURE LAND USE ELEMENT
Policy 1.1.1: The adopted Future Land Use map shall contain and identify appropriate
locations for the following land use categories, as defined in the data and analysis ofthis element.
Town Center
36 dwelling units per gross acre and 2.0 6:B floor area ratio.
Policy 2.2.7: High density and intense commercial development shall be allowed in the
Town Center through the adoption ofland development regulations, but such density and intensity
shall not exceed a floor area ration oftwo (2.0) tIn" (J.O) without stItl,tmcd patking and 5ix (6.0)
with stwc;tm cd patking and shall not exceed six (6) stories in height.
Table 1-1: Existing Land Use Table (2001)
Town Center
2.0 6:B F AR/36 du/ac
Table 1-2: Future Land Use Table
Town Center
2.0 6:B F AR/36 du/ac
(b) HOUSING ELEMENT
Table 111-22: Future Land Use Table
Town Center
2.0 6:B F AR/36 du/ac
City of Winter Springs
Ordinance No. 2005-07
Page 3 of 5
Section 6. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163 .3l87( 1)( c)( 4), Florida Statutes, and Section 9J -11, Florida Administrative Code.
Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date ofthis amendment, the
comprehensive plan amendment set forth herein shall amend the City of Winter Springs'
Comprehensive Plan and become a part of that plan and the amendment shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
[Adoption and signature page to follow]
City of Winter Springs
Ordinance No. 2005-07
Page 4 of 5
ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2005.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2005-07
Page 5 of 5
September 12,2005
Public Hearing Item 406
Ordinance 2005-07
EXHIBIT' A'
LOCATION MAP
PARCEL NUMBERS
36-20-30-502 -0000-00 70 36-20-30-502 -0000-0090
36-20-30-502-0000-0080 26-20-30-5AR-OAOO-008F
36-20-30-502-0000-009A
Page 25